S.F. 2176 Section 1. Section 721.2, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 9. Violates the provisions of section 3 728.7A. 4 Sec. 2. Section 728.1, Code 2024, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 5A. “Obscene performance” means a visual 7 performance by a person, whether compensated or uncompensated, 8 that exposes the person’s genitals, pubic area, buttocks, or 9 female breast, including prosthetics and artificial sexual 10 organs or substitutes therefor, or involves the person 11 engaging in a sex act, masturbation, excretory function, or 12 sadomasochistic abuse, which the average person, viewing the 13 performance as a whole and applying contemporary community 14 standards with respect to what is suitable to be viewed by 15 minors, would find appeals to the prurient interest and is 16 patently offensive, and the performance taken as a whole lacks 17 serious artistic, literary, political, or scientific value. 18 Sec. 3. NEW SECTION . 728.1A Enforcement. 19 The office of attorney general, as authorized by section 20 13.2, subsection 1, paragraph “b” , or the county attorney of 21 the county in which a violation of this chapter occurs shall 22 enforce the provisions of this chapter. 23 Sec. 4. NEW SECTION . 728.2A Exposing minor to obscene 24 performance. 25 Any person who knowingly exposes a minor to an obscene 26 performance is guilty of a public offense and shall upon 27 conviction be guilty of an aggravated misdemeanor. 28 Sec. 5. NEW SECTION . 728.3A Admitting minors to premises 29 with obscene performances. 30 1. A person who knowingly sells, gives, delivers, or 31 provides a minor who is not a child a pass or admits the minor 32 to premises where an obscene performance is performed is guilty 33 of a public offense and upon conviction is guilty of a serious 34 misdemeanor. 35 -1- LSB 5125XS (3) 90 as/js 1/ 6

S.F. 2176 2. A person who knowingly sells, gives, delivers, or 1 provides a child a pass or admits the minor to premises 2 where an obscene performance is performed is guilty of a 3 public offense and upon conviction is guilty of an aggravated 4 misdemeanor. 5 Sec. 6. Section 728.6, Code 2024, is amended to read as 6 follows: 7 728.6 Civil suit to determine obscenity. 8 1. Whenever the county attorney of any county has reasonable 9 cause to believe that any person is engaged or plans to engage 10 in the dissemination or exhibition of obscene material to 11 minors within the county attorney’s county , to minors the 12 county attorney may institute a civil proceeding in the 13 district court of the county to enjoin the dissemination or 14 exhibition of obscene material to minors. Such application 15 for injunction is optional and not mandatory and shall not 16 be construed as a prerequisite to criminal prosecution for a 17 violation of this chapter . 18 2. a. The parent or guardian of a minor, or a minor upon 19 attaining eighteen years of age, to whom obscene material 20 has been knowingly disseminated or exhibited, in violation 21 of section 728.2 or 728.3, or who was exposed to an obscene 22 performance, in violation of section 728.2A or 728.3A, may 23 bring a civil action against any person that has knowingly 24 disseminated or exhibited obscene material to the minor or who 25 engaged in or caused or allowed a person to knowingly engage in 26 an obscene performance in the presence of the minor for any of 27 the following remedies: 28 (1) A declaratory judgment. 29 (2) Injunctive relief. 30 (3) Actual, incidental, and consequential damages. 31 (4) Punitive damages, if appropriate. 32 (5) Other equitable relief that the court deems 33 appropriate. 34 b. The minimum award of damages in an action brought 35 -2- LSB 5125XS (3) 90 as/js 2/ 6

S.F. 2176 pursuant to this subsection shall be ten thousand dollars. 1 c. An action brought under this subsection may be commenced 2 by a parent or guardian within two years of a violation. An 3 action for a violation brought by a person who was a minor at 4 the time of a violation shall be found within ten years after 5 the person upon whom the offense is committed attains eighteen 6 years of age. 7 Sec. 7. NEW SECTION . 728.7A Public institutions and funds 8 —— obscene material —— obscene performance. 9 1. No public institution, public facility, public 10 equipment, or other physical asset that is owned, leased, or 11 controlled by this state or a political subdivision of this 12 state shall be used for a show, exhibition, or performance that 13 includes obscene material or obscene performances. 14 2. No public institution or facility shall lease, sell, or 15 permit the subleasing of its facilities or property for the 16 purpose of shows, exhibitions, or performances that include 17 obscene material or obscene performances. 18 3. No public funds made available by the state or a 19 political subdivision of this state that are distributed by an 20 institution, board, commission, department, agency, official, 21 or an employee of the state or political subdivision shall be 22 used for the purpose of shows, exhibitions, or performances 23 that include obscene material or obscene performances. 24 4. This section shall not apply to obscene materials that 25 are sent or received as part of a law enforcement investigation 26 or are authorized by law to be sent or received. 27 Sec. 8. REPEAL. Section 728.7, Code 2024, is repealed. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to obscenity, including the exposure of a 32 minor to an obscene performance and admittance of a minor to a 33 premises with obscene performances, and establishes a private 34 civil cause of action. 35 -3- LSB 5125XS (3) 90 as/js 3/ 6

S.F. 2176 The bill defines “obscene performance” as a visual 1 performance by a person, whether compensated or uncompensated, 2 that exposes the person’s genitals, pubic area, buttocks, or 3 female breast, including prosthetics and artificial sexual 4 organs or substitutes therefor, or involves the person 5 engaging in a sex act, masturbation, excretory function, or 6 sadomasochistic abuse, which the average person, viewing the 7 performance as a whole and applying contemporary community 8 standards with respect to what is suitable to be viewed by 9 minors, would find appeals to the prurient interest and is 10 patently offensive, and the performance taken as a whole lacks 11 serious artistic, literary, political, or scientific value. 12 The bill provides that the office of attorney general or the 13 county attorney of the county in which a violation occurs shall 14 enforce the provisions of Code chapter 728 (obscenity). 15 The bill provides that any person who knowingly exposes 16 a minor to an “obscene performance” is guilty of a public 17 offense and shall upon conviction be guilty of an aggravated 18 misdemeanor. 19 The bill provides that a person who knowingly sells, gives, 20 delivers, or provides a minor who is not a child a pass or 21 admits the minor to premises where an obscene performance is 22 performed is guilty of a serious misdemeanor. A person who 23 knowingly sells, gives, delivers, or provides a child a pass or 24 admits the minor to premises where an obscene performance is 25 performed is guilty of an aggravated misdemeanor. A minor is a 26 person under 18 years of age, and a child is a person under the 27 age of 14 years of age. 28 The bill establishes a private civil cause of action for 29 a parent or guardian of a minor, or a minor upon reaching 30 18 years of age, to whom obscene material has been knowingly 31 disseminated or exhibited, or who was exposed to an obscene 32 performance. A cause of action may be brought against any 33 person that has knowingly disseminated or exhibited obscene 34 material to the minor or who engaged in or caused or allowed 35 -4- LSB 5125XS (3) 90 as/js 4/ 6

S.F. 2176 a person to knowingly engage in an obscene performance in the 1 presence of the minor for any of the following remedies: a 2 declaratory judgment; injunctive relief; actual, incidental, 3 and consequential damages; punitive damages, if appropriate; 4 and any other equitable relief that the court deems 5 appropriate. The minimum award of damages shall be $10,000. 6 An action may be commenced by a parent or guardian within two 7 years of a violation. An action for a violation brought by 8 a person who was a minor at the time of a violation shall be 9 found within 10 years after the person upon whom the offense is 10 committed attains 18 years of age. 11 The bill provides that no public institution, public 12 facility, public equipment, or other physical asset that is 13 owned, leased, or controlled by this state or a political 14 subdivision of this state shall be used for a show, exhibition, 15 or performance that includes obscene material or obscene 16 performances. No public institution or facility shall lease, 17 sell, or permit the subleasing of its facilities or property 18 for the purpose of shows, exhibitions, or performances that 19 include obscene material or obscene performances. No public 20 funds made available by the state or a political subdivision 21 of this state that are distributed by an institution, board, 22 commission, department, agency, official, or an employee of the 23 state or political subdivision shall be used for the purpose 24 of shows, exhibitions, or performances that include obscene 25 material or obscene performances. The bill does not apply to 26 obscene materials that are sent or received as part of a law 27 enforcement investigation or are authorized by law to be sent 28 or received. 29 The bill provides that any public officer or employee, or 30 any person acting under color of such office or employment, who 31 knowingly allows a public institution or funds to be used for 32 the purpose of shows, exhibitions, or performances that include 33 obscene material or obscene performances commits a serious 34 misdemeanor. 35 -5- LSB 5125XS (3) 90 as/js 5/ 6

S.F. 2176 The bill repeals Code section 728.7 (exemptions for public 1 libraries and educational institutions), which provides that 2 nothing in Code chapter 728 prohibits the use of appropriate 3 material for educational purposes in any accredited school, 4 or any public library, or in any educational program in which 5 the minor is participating and nothing in Code chapter 728 6 prohibits the attendance of minors at an exhibition or display 7 of art works or the use of any materials in any public library. 8 -6- LSB 5125XS (3) 90 as/js 6/ 6